Brussels \u2013 A food product containing natural cannabidiol (CBD) cannot be certified as organic if its placing on the market within the EU has not been authorised. This has been ruled by the Court of Justice of the European Union in relation to the challenge brought by the French Hemp Trade Association (Syndicat professionnel du chanvre) against the communication from the Institut national de l\u2019origine et de la qualit\u00e9 (National Institute for Origin and Quality, INAO) to certification bodies in the organic farming sector. In INAO\u2019s view, neither products based on natural cannabidiol (CBD) \u2013 except hemp oil not enriched with CBD \u2013 nor food products enriched with CBD are eligible for organic certification. Furthermore, CBD must not be present in the composition of certified organic food products. <\/p>\n
The trade union challenged the Institute\u2019s position to the French Council of State, which referred the matter to the Court of Justice, regarding the possibility of certifying CBD as originating from organic farming because, <\/strong>“being extracted from hemp plant, an agricultural plant…it could fall into the category of ‘processed agricultural products intended for use as food,’ <\/strong>within the meaning of Regulations on organic production<\/a>.\u201d However, although the European Commission regarded<\/a> CBD as a \u2018novel food’, “it did not authorise CBD to be placed on the EU market as a food.”<\/p>\n In its judgment today (5 November), \u201cthe Court considers that CBD cannot obtain organic farming certification until it is authorised to be placed on the In this context, “certifying a product which has not been authorised to be placed on the market could hinder the Brussels \u2013 A food product containing natural cannabidiol (CBD) cannot be certified as organic if its placing on the market within the EU has not been authorised. This has been ruled by the Court of Justice of the European Union in relation to the challenge brought by the French Hemp Trade Association (Syndicat professionnel du […]<\/p>\n","protected":false},"author":1,"featured_media":470234,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jnews-multi-image_gallery":[],"jnews_single_post":{"format":"standard","override":[{"template":"1","parallax":"1","fullscreen":"1","layout":"right-sidebar","sidebar":"default-sidebar","second_sidebar":"default-sidebar","sticky_sidebar":"1","share_position":"top","share_float_style":"share-monocrhome","show_featured":"1","show_post_meta":"1","show_post_author":"1","show_post_author_image":"1","show_post_date":"1","post_date_format":"default","post_date_format_custom":"Y\/m\/d","show_post_category":"1","show_post_reading_time":"0","post_reading_time_wpm":"300","post_calculate_word_method":"str_word_count","show_zoom_button":"0","zoom_button_out_step":"2","zoom_button_in_step":"3","show_post_tag":"1","show_prev_next_post":"1","show_popup_post":"1","show_comment_section":"1","number_popup_post":"1","show_author_box":"0","show_post_related":"1","show_inline_post_related":"0"}],"image_override":[{"single_post_thumbnail_size":"crop-500","single_post_gallery_size":"crop-500"}],"trending_post_position":"meta","trending_post_label":"Trending","sponsored_post_label":"Sponsored by","disable_ad":"0","subtitle":""},"jnews_primary_category":[],"jnews_override_counter":{"view_counter_number":"0","share_counter_number":"0","like_counter_number":"0","dislike_counter_number":"0"},"footnotes":""},"categories":[25709,25774],"tags":[36520,34489,36521,28109,36522,25982,32701,28076,33394],"class_list":["post-470241","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-agrifood-en","category-in-brief","tag-alimenti","tag-autorizzazione","tag-bio","tag-cbd-en","tag-certificazione","tag-consumers-en","tag-corte","tag-market-en","tag-ue"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/470241","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/comments?post=470241"}],"version-history":[{"count":1,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/470241\/revisions"}],"predecessor-version":[{"id":470242,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/470241\/revisions\/470242"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/media\/470234"}],"wp:attachment":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/media?parent=470241"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/categories?post=470241"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/tags?post=470241"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nmarket.<\/strong>\u201d The judges in Luxembourg note that ‘processed agricultural products intended for use as food\u2019 include \u201cany product intended to be ingested or reasonably likely to be ingested by humans.\u201d This therefore includes \u201cboth novel foods, regardless of whether or not they are authorised to be placed on the market, and products that
\nare injurious to health or unfit for human consumption, which are prohibited.\u201d At the same time, however, \u201cthe Court emphasises that organic certification cannot be separated from the rules applicable to the
\nmarketing of the products concerned<\/strong>\u201d, because it \u201ccontributes to the promotion of those products and
\nconveys, in the eyes of consumers, a positive image of quality and approval.\u201d<\/p>\n
\nprotection of human health and consumer interests.<\/strong>” This is because \u201cauthorisation of a novel food implies, in particular, that it does
\nnot pose any safety risk to human health in the light of the available scientific evidence, that its intended use does not
\nmislead the consumer and that, where it replaces another food, its consumption is not nutritionally disadvantageous.\u201d Finally, the Court considers that this interpretation also applies where \u201csuch products, which have not been authorised to
\nbe placed on the market in the European Union, are intended for sale in third countries\u201d because \u201csuch marketing could harm the
\nreputation of the certification and undermine consumer confidence in products benefiting from that certification.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"